Pradeep Nandrajog, J.

Crl. M.B. No. 10652/2014

1. Learned counsel for the appellant states that the limited point which he needs to address is whether the act of the appellant constitutes the offence punishable under Section 302 IPC or 304 Part I IPC. Counsel states that everything turns on the testimony of the mother of the appellant, who is also the mother of the deceased Smt. Ram Dulari PW-1. Counsel states that if appeal itself could be heard today he does not press Crl. M.B.10652/2014 whereunder the appellant seeks bail pending final hearing of the appeal.

2. We have accordingly decided to hear arguments in the appeal today itself.

3. Crl. M.B. No. 10652/2015 is dismissed.

Crl. Appeal No. 679/2012

1. The unfortunate day was July 15, 2008. It was past mid-night. At 1:07 in the dead of the night information was received at P.S. Shahdara and noted in DD No. 2A, Ex.PW-12/A by SI Sumer Singh PW-12, the duty officer at the Police Station, that near Sai Baba Mandir, Kabool Nagar, Shahdara, a quarrel was taking place.

2. The PCR van stationed near where Ram Dulari PW-1, her deceased son Rajinder and the elder son – Subhash resided, reached the spot and removed Rajinder to Guru Teg